Today, On 3rd December, The Supreme Court has directed states to ensure immediate medical treatment for acid attack survivors, highlighting long delays in relief. The Court noted that compensation for victims has been pending since 1994, urging strict implementation of prior orders.
The Supreme Court took up a petition highlighting the long-pending issue of compensation and medical assistance for acid attack survivors.
The matter was heard by a Bench of Justices B.V. Nagarathna and Vipul M. Pancholi, and the Court examined serious complaints about states failing to implement compensation orders issued earlier.
During the hearing, counsel informed the Court that the last order in the matter was passed on 20th March 2025.
Also Read: Acid Attacks on Women: Legislative and Judicial Responses in India
He said that the Court, after seeing a chart showing the amount of compensation, had earlier noted that,
“3 lakh which was the compensation observed that even this was not paid to victims in Maharashtra.”
Counsel added that several incidents took place as far back as 1994, and even between 2012 and 2013 victims had not received compensation despite undergoing multiple surgeries.
He submitted that,
“The most guilty of the state is Maharashtra if I may use that word.”
When the Bench asked,
“What is the prayer?”,
Counsel replied that there were several prayers but the immediate concern was the non-payment of compensation. The Court was also informed that the victims live in different districts, making it difficult for them to approach the legal services authority.
Counsel for NALSA said,
“I am not formally impleaded but I can look into this.”
The Bench then recorded its order, directing the filing of an amended memo and noting that counsel for NALSA had accepted notice.
The Court said ,
“Grievance is non acting of the order and not giving of the compensation. Therefore the petitioner seeking implementation of the order.”
The Court further directed NALSA’s counsel to send the order to the respective State Legal Services Authority so it can be forwarded for implementation. It also observed that the directions issued earlier by the Court in Laxmi v. Union of India (2014) must be considered.
Counsel then requested that there should be specific directions for some states.
Responding to this, the Court directed,
“For states and UTs to also bring to notice of the Chief Secrateries to issue suitable directions for dispersement of funds to legal services authority.”
Counsel also raised the issue of hospitals refusing treatment, saying
“The second thing is that no hospital will deny treatment. There has been incident in Maharashtra. There should be direction.”
The Additional Solicitor General submitted that such issues should be taken before the appropriate jurisdiction and said,
“This court has given broader direction.”
The Court then passed another direction, stating,
“Copy of this order of the notice of Principal Secretaries Health and Family Welfare to issue appropriate directions to hospitals to ensure immediate treatment. Counsel for NALSA to file status report.”
The matter has now been listed for further hearing on 3 February 2026.
One of the most notable legislative interventions was the enactment of the Criminal Law (Amendment) Act, 2013, which introduced specific provisions into the Indian Penal Code (IPC) and the Code of Criminal Procedure (Cr.P.C.) to deal with acid attacks effectively.
- Insertion of Sections 326A and 326B in IPC:
- Section 326A penalizes the act of voluntarily causing grievous hurt by the use of acid, prescribing severe punishment, including imprisonment and fines.
- Section 326B criminalizes attempts to throw or administer acid with intent to cause harm, thereby making such offenses punishable with imprisonment.
- Cognizability and Non-Bailability:
- The amendment categorized acid attacks as cognizable and non-bailable offenses, ensuring that accused persons cannot be released easily on bail and that the cases are investigated with urgency.
- Such cases are to be tried by the Court of Session, ensuring a higher level of judicial scrutiny.
- Mandatory Medical Assistance:
- The amendment introduced Sections 357B and 357C in the Cr.P.C., mandating hospitals to provide immediate first aid and medical treatment to acid attack victims.
- The state is responsible for covering the medical expenses of the victims in addition to any compensation awarded through fines imposed on the perpetrators.
Case Title: Acid Survivors Saahas Foundation (NGO) v. Union of India & Ors., W.P.(C) 1252/2023
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